landlord took deposit, now suing the rest of the rent?

[newbie101]

California: My housemates and i (5 people) moved into a privately owned condo. There was mold, they were fixing it, they promised to fix it by 2nd week of move-in and noted on the lease the condition of the condo (landlord kept contract, and gave us a different copy of the lease). The mold was removed, but the construction was still unfinished.

1 month of waiting passed, we pressured the landlord to do something, but nothing was done.

2 months passed, we seek legal counseling, which told me to move out (I was self-evicting because of the asthma, doctors noted, I got from the mold-contaminated living room area). However, my housemates were still in the condo. By the end of the 2nd month, they finally decided to leave also, after asking the landlord if we can get the deposit money back if we gave a 30 days notice.

3rd month. The landlord agreed over the phone to give our deposit back if we send in a 30 days notice. By the end of the 30 days when we did the walk-out, he said he wouldn't give us the deposit.

Now, we admit defeat. Losing our deposit isn't the worst case scenario. We fear he might sue us for the 9 months ( the rest of the year's lease) if he cannot rent the condo. The condo is having plumbing problems, and the wall is still not fixed ( a full wall in the living room area). is there something to fear? or will the 21 days abandonment will work in our favor?

 

[Cvillecpm]

Be afraid, be VERY afraid....yes, he can sue and with 5 roommates to sue, he should be OK.

You should have gotten "release" from your lease IN WRITING with agreement to return your deposit.

 

[xxgrzesx]

Did you take any pictures? Do you have any evidence to support your statements? If you do, you should sue him for the rent paid, doctor's bills, the deposit and moving costs.

 

[newbie101]

I am afraid

The landlord refuses to sign anything. Before he left the states (to his home state) he threatened to call the cops if we do not drop off the keys at the empty apartment for him to pick up at random hours.

I have pictures of mold, doctors noting my condition, asthma dispensed, the partial lease agreement, email exchanges during the 1st month, pictures of the condo when we moved out.

I don't know if i should just hope he won't sue me or sue him first....Which is the safest step?

 

[xxgrzesx]

If the apartment had mold, it was in violation of federal law. It was inhabitable, so he was in violation of federal law. Basically nobody in this forum will help you.
If I were you I would do the following things. I would collect all I have and print out email and pictures. I would write down everything as it happened (when you call you will forget half of the things) . If you are a low income person, you can search for legal aid or pro bono lawyer in your area. Alternatively, do a search for a real estate, landlord tenant attorney and call them. If you have everything nicely written, they might do initial consultation for free over the phone. That's where you will get good info, not here. If you call one or two and they will not want to talk over the phone, call the 3rd one. I guarantee you that someone will talk to you about it for free. I think that not only you will not be liable for the rest of the lease, but that you will be entitled to damages, for doctors bills, and if the apartment was deemed unsafe, you might get your rent back and punitive damages. Call he lawyer. That's the best advice I can give you. He threatens you because, you lived in a crappy apartment with mold and you did nothing about it, so he thinks you will get scared and you will send him some money.

 

[ybfaluhelp]

Indeed, especially if you are a tenant and the reply you get here is from someone who in real life is a landlord or property manager, be very very skeptical. Everything else being equal, you will mostly be told that you are wrong and the landlord is right and that you have no legal rights or whatever.

If the apartment had mold, it was in violation of federal law. It was inhabitable, so he was in violation of federal law. Basically nobody in this forum will help you.
If I were you I would do the following things. I would collect all I have and print out email and pictures. I would write down everything as it happened (when you call you will forget half of the things) . If you are a low income person, you can search for legal aid or pro bono lawyer in your area. Alternatively, do a search for a real estate, landlord tenant attorney and call them. If you have everything nicely written, they might do initial consultation for free over the phone. That's where you will get good info, not here. If you call one or two and they will not want to talk over the phone, call the 3rd one. I guarantee you that someone will talk to you about it for free. I think that not only you will not be liable for the rest of the lease, but that you will be entitled to damages, for doctors bills, and if the apartment was deemed unsafe, you might get your rent back and punitive damages. Call he lawyer. That's the best advice I can give you. He threatens you because, you lived in a crappy apartment with mold and you did nothing about it, so he thinks you will get scared and you will send him some money.

 

[Zigner]

If the apartment had mold, it was in violation of federal law. It was inhabitable, so he was in violation of federal law.

Based on the information provided in this thread, please post a cite to ANY federal law which is violated by the mold present in our OP's case.

I'll wait...I have all weekend.

 

[Zigner]

Oh and for the next poster: I am a tenant...

 

[Searchertwin]

If the apartment had mold, it was in violation of federal law. It was inhabitable, so he was in violation of federal law. Basically nobody in this forum will help you.
If I were you I would do the following things. I would collect all I have and print out email and pictures. I would write down everything as it happened (when you call you will forget half of the things) . If you are a low income person, you can search for legal aid or pro bono lawyer in your area. Alternatively, do a search for a real estate, landlord tenant attorney and call them. If you have everything nicely written, they might do initial consultation for free over the phone. That's where you will get good info, not here. If you call one or two and they will not want to talk over the phone, call the 3rd one. I guarantee you that someone will talk to you about it for free. I think that not only you will not be liable for the rest of the lease, but that you will be entitled to damages, for doctors bills, and if the apartment was deemed unsafe, you might get your rent back and punitive damages. Call he lawyer. That's the best advice I can give you. He threatens you because, you lived in a crappy apartment with mold and you did nothing about it, so he thinks you will get scared and you will send him some money.

Seems like I am correcting you here lately...
You must be a very angry tenant

This is for the mold issue and if you find anything different like Zinger stated post it here. I am not a lawyer but I do a quite of bit of research, because I get tired of tenants using the "MOLD" as an excuse!!!!

"There are no Federal laws that set limits or standards as to what types or levels of mold exposure or of mold presence is healthy or unhealthy, or as to what levels or types of mold are allowed or not allowed indoors.
The Federal Government cannot "certifies" any individual ( I would assume this means a doctor also) or firm claiming such designation of mold tester.

Even after testing, the solution remains the same, "control the moisture, control the mold."
Mold will always be found in testing. It is everywhere and there will always be some level of mold."

 

[Alaska landlord]

Seems like I am correcting you here lately...
You must be a very angry tenant

This is for the mold issue and if you find anything different like Zinger stated post it here. I am not a lawyer but I do a quite of bit of research, because I get tired of tenants using the "MOLD" as an excuse!!!!

XX thinks he was a LL in L.A. and all laws real or imaginary are as applied per Los Angeles rent control rules and regulation.
You may be in for a very long wait

 

[Alaska landlord]

The mold was removed, but the construction was still unfinished.

2 months passed, we seek legal counseling, which told me to move out (I was self-evicting because of the asthma, doctors noted, I got from the mold-contaminated living room area).

Doctor made a guess based on the information you gave him. It’s called an educated guess.
Were fungal cultures done? If you have asthma then it is a pre-existing condition. Allergens can only aggravate the condition, not cause it.

Do you have any documentation of the problems you were having, and proof that the landlord was notified and given ample time to make the necessary repairs?

Now, we admit defeat. Losing our deposit isn't the worst case scenario. We fear he might sue us for the 9 months ( the rest of the year's lease) if he cannot rent the condo. The condo is having plumbing problems, and the wall is still not fixed ( a full wall in the living room area).

Does this mean you're going to sue because he might sue?

 

[xxgrzesx]

Actually it is EPA regulation not a law, you are correct here. However many localities have adopted it either by legislation or court decisions. California has something called Toxic Mold Protection Act which is very broad. In Los Angeles it very specific in Rent Control Ordinance. I do not know what city OP lives in, so I cannot look it up for him.

However, as I stated before he should contact an attorney for help in this matter.

BY the way, Alaska Landlord are you a Doctor or Microbiologist?

 

[DeenaCA]

There is no EPA regulation or other federal law on mold in residential properties. This is from the EPA website (http://www.epa.gov/mold/moldresources.html):

Standards or Threshold Limit Values (TLVs) for airborne concentrations of mold, or mold spores, have not been set. Currently, there are no EPA regulations or standards for airborne mold contaminants.

CA passed a toxic mold law in 2001. It was contingent on development of standards and guidelines for acceptable exposure levels, and the state health department gave up in 2005. The law has never been implemented. Reference: CA Health & Safety Code, Section 26147 (http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc):

The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.

I'm not familiar with any local codes for LA.

 

[Cvillecpm]

I suspect your stay at the condo was not sufficient to cause the symptoms you suggest and the doctor would have to have had KNOWLEDGE of your past medical history to testify that you were HEALTHY before you moved into the condo......wait and do nothing!

 

[JETX]

If the apartment had mold, it was in violation of federal law.

The existence of mold is NOT a violation of federal law. Clearly, he doesn't know what he is talking about.